If you receive a benefits package from your employer in addition to your salary, there are specific laws that will apply. Those laws may limit the damages you are entitled to receive if your benefits are denied or terminated. Other legal requirements and hurdles will arise as you navigate the appeal process […]
The federal Mental Health Parity and Addiction Equity Act,[1] which affects health benefits by requiring equal coverage for the treatment of both physiologic conditions and behavioral health disorders, including substance use disorders, has been a growing topic of litigation […]
Dealing with a long-term illness or sudden disability can be a very stressful time. Deciding when to inform your employer and file for disability benefits can add additional stress. Before deciding when to apply for disability benefits, it is important to understand the first five steps to applying for LTD benefits and how to navigate this process […]
Life insurance typically ends when the employee is no longer active at work. However, employees can protect their life insurance if they become critically ill. If one of the fringe benefits of your employment is group life insurance, a critical concern of most employees who become ill is how to maintain life insurance coverage while they are ill and cannot work.
If you are ill or have been injured and can no longer work, disability insurance protects you and your family from financial hardship by paying a portion of your income when you cannot work. The disability benefits claim process can be complicated, particularly when you have to establish that you are disabled from all work, not just your own occupation.
Every disability insurance policy includes a requirement that the insured must be under the care of a physician as a condition of receiving or continuing to receive benefits. But what does it mean to be under the care of a physician […]
Disability benefit cases governed by the Employee Retirement Income Security Act are not only about whether someone qualifies for benefits, but often involve benefit terminations. While many courts have confronted that situation, the guidelines for assessing ongoing disability benefit claims have varied, especially under a deferential standard of judicial review.
Over the past several months, there has been a flurry of federal appellate opinions questioning civil procedure norms in Employee Retirement Income Security Act benefits litigation.[1] A pair of brand new appellate decisions have also focused on the same issue, although not necessarily in a direction that harmonizes ERISA civil procedure with the Federal Rules of Civil Procedure.
By definition, anyone who applies for short-term and long-term disability benefits is in a vulnerable situation. They are sick or injured and unable to work. And they are counting on their disability benefits to help meet their financial needs. Undeniably, it is unbearably hard to fight a debilitating illness or injury and battle with their insurance company at the same time […]
When employee benefit claims brought under ERISA come before a court for resolution, who has the burden of proof? Does the claimant have the burden of proving the claim denial was improper, or does the insurance company has the burden of proving its decision was correct […]
The Employee Retirement Income Security Act permits aggrieved individuals whose employee benefit claims have been denied to bring a civil action to recover benefits claimed to be due […]
To receive long-term disability (“LTD”) benefits, a claimant must first demonstrate that they satisfy their policy’s elimination period. Therefore, understanding your policy’s elimination period is important because your receipt of LTD benefits is preconditioned on your satisfaction with that elimination period […]